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HTMLNew Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents
Jonathan E. Meer, David S. Sheiffer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 16, 2014, previously published on May 12, 2014
In New Jersey, can school districts defending a bullying case seek contribution from the students accused of bullying and their parents? Yes, said a recent New Jersey Superior court decision in V.B. a Minor by his Parent and Guardian v. Flemington-Raritan Regional Board of Ed, et al., Docket No....

 

HTMLArizona Court of Appeals Reverses Course and Holds A Valid Offer of UIM Coverage Need Not Include Premium Prices
Nathan D. Meyer; Jaburg & Wilk, P.C.;
Legal Alert/Article
May 15, 2014
In Newman v. Cornerstone National Insurance Company, 2014 WL 1257129 (Ariz.App. Mar. 27, 2014), the Arizona Court of Appeals held that a valid offer of underinsured motorist (“UIM”) coverage need not include premium prices after it reached the exact opposite conclusion in Melendez v....

 

HTMLImportant Court Decision For No-Fault Insurers; Second Circuit Court of Appeals Rejects Limitation On State Farm v. Mallela
Jared Facher, William J. Natbony; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 15, 2014, previously published on May 7, 2014
We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate level. Specifically, on May 6, 2014, in the case of Allstate Insurance...

 

HTMLWhat is "Medical Expense Benefit" in a Personal Injury Case Involving Car Accidents?
Tucker Griffin Barnes P.C.;
Legal Alert/Article
May 15, 2014, previously published on Fall 2013
Many people fail to have medical expense benefit, generally known as "med pay." It is an extra coverage that you can buy on your car insurance policy.

 

HTMLNIMA, Inc. Welcomes Tennessee and Wisconsin as New Associate Members
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 15, 2014, previously published on May 8, 2014
The Non-Admitted Insurance Multi-State Association ("NIMA") announced today, May 8, 2014, that it has welcomed Tennessee and Wisconsin as the first states to take advantage of the organization's "Associate Membership" created in 2013.

 

HTMLInsured Cannot Bring Unjust Enrichment Claim In Suits Over Insurance Policy (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 14, 2014, previously published on May 9, 2014
In Stephens v. State Farm Fire & Casualty Company, the court was faced with common law bad faith claims in the context of the insured pleading breach of contract and unjust enrichment. The insurer moved to dismiss the unjust enrichment claims. The Magistrate Judge recommended dismissal on the...

 

HTMLInsurance Carrier Barred from Seeking Reimbursement of PIP Benefits after Failing to Demand Arbitration within 2 Years
Gina M. Zippilli; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 14, 2014, previously published on May 12, 2014
Personal Injury Protection insurance (“PIP”) is part of New Jersey’s no-fault motor vehicle insurance system and is the primary source of coverage for the medical bills of people injured in motor vehicle collisions. New Jersey requires motorists to carry PIP as part of their motor...

 

HTMLCourt of Appeals Holds Insurance Broker Liable Due to “Special Relationship” with Insured
Alyson L. Knipe; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 14, 2014, previously published on May 12, 2014
A recent decision by the New York Court of Appeals is likely to pave the way for increased litigation against insurance brokers. Generally, insurance brokers and agents do not have a duty to give advice to clients regarding how much insurance coverage is appropriate. However, when there is a...

 

HTMLWhile Denying Summary Judgment On Coverage In Earthquake/Earth Movement Case, Summary Judgment Granted On Bad Faith Claim Where Insurer Reasonably Relied On Engineer’s Report And Other Facts Offered By The Insured Could Not Establish Bad Faith Under The Substantial Clear And Convincing Evidence Standard Though Court Would Not Consider Insurer’s Expert Report Concluding That Insurer’s Conduct Did Not Constitute Bad Faith (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 14, 2014, previously published on May 13, 2014
Honesdale Volunteer Ambulance Corp. v. American Alternative Insurance Corp. involved a property damage claim in relation to an earthquake. The policy excluded coverage for “earth movement,” but covered earthquake damage and had an “earthquake deductible” of $57,910.00. The...

 

HTMLCourt Denies Insurer Summary Judgment in Bad Faith UIM Case Where Issues of Fact Remainded on Reasons for Delay and Appropriateness of Reliance upon Certain Medical Providers (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 13, 2014, previously published on May 7, 2014
In Strausser v. Merchants Insurance Group, the insured brought a claim for breach of contract and bad faith on a UIM claim. The insured had received payment from the tortfeasor’s carrier.

 


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